New South Wales Consolidated Acts
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SURROGACY ACT 2010 - SECT 39
General effect of order
39 General effect of order
(1) On the making of the parentage order in relation to a child:
(a) the child
becomes a child of the intended parent or parents named in the order and they
become the parents of the child, and
(b) the child stops being a child of a
birth parent and a birth parent stops being a parent of the child.
(a) the child of the surrogacy arrangement has the same rights in
relation to the intended parent or parents named in the order as a child born
to the parent or parents, and
(b) the intended parent or parents named in the
order have the same parental responsibility as the birth parent had before the
making of the order.
Note : For example, for the purposes of a distribution
on intestacy, a child of a surrogacy arrangement is regarded as a child of the
intended parent or parents named in the order and the child's family
relationships are determined accordingly. See section 109A of the Succession
Act 2006 .
(3) Other relationships are determined in accordance with
(4) However, for the purposes of any law of New South Wales
relating to a sexual offence (being a law for which the relationship between
persons is relevant), any relationship that would have existed if a
parentage order had not been made continues to exist for the purposes of that
law in addition to any relationship that exists under this section by virtue
of the order.
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